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MEDICAL MALPRACTICE
                                                                       www.ganiminjurylawyers.com
Disclaimer:
The tips in this presentation are general in nature. Please use your   Phone: (203)445-6542
                                                                       E-mail: george@ganiminjurylawyers.com
discretion while following them. The author does not guarantee legal
validity of the tips contained herein.
What is Medical Malpractice?
              • Professional negligence
                by a health care
                professional
              • Treatment provided was
                substandard
              • Caused harm, injury or
                death to a patient.
What is Medical Malpractice?

•   Wrong action taken by the medical practitioner
•   Failure to take medically appropriate action.
Some examples of Medical Malpractice
•   Medication errors
     Wrong doses,     wrong
      medication
•   Spinal cord injuries
     Back pain after surgery
•   Surgical errors
Other examples

•   Labor and delivery-related errors.
•   Failure to diagnose and treat in a timely manner.
•   Anesthesia errors
Shocking Statistics!

•   Med malpractice kills 225,000 people each year
    (National Institute of Health).
•   12,000 people die each year from unnecessary
    surgery (New York Times).
Shocking Statistics…

•   Just 2% of all people injured file legal claims
    for compensation (Health grades study).
•   50% of all medical malpractice legal claims are
    filed against surgeons (Bureau of Justice
    Statistics).
Medical Malpractice Law

Provides a way for patients to recover
compensation for any harm resulting from
sub-standard treatment.
Claim Characteristics
• Failure to provide a proper standard of care.
• An injury was the consequence of negligence.
• The patient’s injury must have very damaging
  consequences.
Informed Consent
• A medical practitioner may also be legally liable if a
  patient does not give "informed consent" to a
  medical procedure that results in a harm to the
  patient, even if the procedure is performed properly.
Medical error without harm
• If the patient is not harmed by the physician's
  error, the patient cannot recover damages as the
  result of the error.
• Unless you've been harmed, there's no medical
  malpractice case.
Elements in a malpractice case
1. The plaintiff: the patient or a legally designated
   person who acts on the patient's behalf.
2. The defendant: the party who is being sued. This
   could be the doctor, nurse, therapist.
Elements…

3. The prevailing party - this is the party who wins
the case.
4. The losing party - the party who loses the case.
5. The fact-finder - the judge or jury.
Damages
The plaintiff may be
awarded:
• Compensatory
  damages.
• Punitive damages.
Damages…

• Compensatory:
 May include economic damages such as lost
  earning capacity, life care expenses, and medical
  expenses.
 May include non economic damages such as
  psychological and physical harm.
Damages…

•   Punitive: Only awarded if the defendant is found
    guilty of malicious or willful misconduct. It is a
    form of punishment; compensation in excess of
    actual damages.
Effects of Malpractice Suits on Doctor
• Depression
• Professional
  dissatisfaction
• Emotional exhaustion
• Career burnout
For Medical Malpractice Cases
                   Contact
       Ganim Injury Lawyers
         www.ganiminjurylawyers.com
               Phone: (203)445-6542
     E-mail: george@ganiminjurylawyers.com

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Medical Malpractice

  • 1. MEDICAL MALPRACTICE www.ganiminjurylawyers.com Disclaimer: The tips in this presentation are general in nature. Please use your Phone: (203)445-6542 E-mail: george@ganiminjurylawyers.com discretion while following them. The author does not guarantee legal validity of the tips contained herein.
  • 2. What is Medical Malpractice? • Professional negligence by a health care professional • Treatment provided was substandard • Caused harm, injury or death to a patient.
  • 3. What is Medical Malpractice? • Wrong action taken by the medical practitioner • Failure to take medically appropriate action.
  • 4. Some examples of Medical Malpractice • Medication errors  Wrong doses, wrong medication • Spinal cord injuries  Back pain after surgery • Surgical errors
  • 5. Other examples • Labor and delivery-related errors. • Failure to diagnose and treat in a timely manner. • Anesthesia errors
  • 6. Shocking Statistics! • Med malpractice kills 225,000 people each year (National Institute of Health). • 12,000 people die each year from unnecessary surgery (New York Times).
  • 7. Shocking Statistics… • Just 2% of all people injured file legal claims for compensation (Health grades study). • 50% of all medical malpractice legal claims are filed against surgeons (Bureau of Justice Statistics).
  • 8. Medical Malpractice Law Provides a way for patients to recover compensation for any harm resulting from sub-standard treatment.
  • 9. Claim Characteristics • Failure to provide a proper standard of care. • An injury was the consequence of negligence. • The patient’s injury must have very damaging consequences.
  • 10. Informed Consent • A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that results in a harm to the patient, even if the procedure is performed properly.
  • 11. Medical error without harm • If the patient is not harmed by the physician's error, the patient cannot recover damages as the result of the error. • Unless you've been harmed, there's no medical malpractice case.
  • 12. Elements in a malpractice case 1. The plaintiff: the patient or a legally designated person who acts on the patient's behalf. 2. The defendant: the party who is being sued. This could be the doctor, nurse, therapist.
  • 13. Elements… 3. The prevailing party - this is the party who wins the case. 4. The losing party - the party who loses the case. 5. The fact-finder - the judge or jury.
  • 14. Damages The plaintiff may be awarded: • Compensatory damages. • Punitive damages.
  • 15. Damages… • Compensatory:  May include economic damages such as lost earning capacity, life care expenses, and medical expenses.  May include non economic damages such as psychological and physical harm.
  • 16. Damages… • Punitive: Only awarded if the defendant is found guilty of malicious or willful misconduct. It is a form of punishment; compensation in excess of actual damages.
  • 17. Effects of Malpractice Suits on Doctor • Depression • Professional dissatisfaction • Emotional exhaustion • Career burnout
  • 18. For Medical Malpractice Cases Contact Ganim Injury Lawyers www.ganiminjurylawyers.com Phone: (203)445-6542 E-mail: george@ganiminjurylawyers.com